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… to expedite its consideration of inmates for parole and the Commissioner of the Department of Corrections (DOC) to … furlough received a two-sentence form letter from the Commissioner that notified them of the outcome but did not … Brunetti, 68 N.J. at 588); see also Abbott v. Burke, 100 N.J. 269, 297 (1985) (“the preference for exhaustion of …
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… the heightened duty-of-care standard governing private common carriers applies to public common carriers such as defendant New Jersey Transit … of the three TCA immunities they invoke, as well as whether comparative fault could be allocated to the unidentified …
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… malpractice action against Dickey and the Sills firm. The complaint alleged that Dickey and Sills negligently represented him. The 2 complaint also alleged that the mandatory arbitration … arbitrator’s fee would be closer to $10,000, $50,000 or $100,000.” The court also pointed out that the text of the …
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… wearing the ankle bracelet causes him physical discomfort and has burdened his life in numerous ways. H.R. and … to PSL and had no additional parole requirements -- commenced this action in 2015, to challenge the … based on reasonable suspicion); State v. Best, 201 N.J. 100, 114 (2010) (extending T.L.O. to the search of a …
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… N.J.S.A. 2A:25-1 and N.J.S.A. 46:9-9, as well as common-law assignment principles, the Court holds that … but not to supplant New Jersey assignment statutes and common law in the setting of this appeal or to preclude an … 1997); Seven Oaks Enters., L.P. v. Devito, 198 A.3d 88, 99-100 (Conn. App. Ct.), appeal denied, 197 A.3d 893 (Conn. …
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… set forth in N.J.S.A. 2C:25-28(j) and a 2002 case is incompatible with the Fourth Amendment and Article I, … Constitution. In June 2012, D.S. filed a domestic violence complaint against defendant James Hemenway and requested a … based on reasonable grounds.” See State v. Best, 201 N.J. 100, 108 (2010) (citing T.L.O., 469 U.S. at 340-41). In …
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… indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. The … engine running in a restaurant parking lot located within 100 feet of a police department drunk-driving checkpoint. In … of two to ninety days, a fine between $500 and $1000, and other penalties. N.J.S.A. 39:4-50(a)(2). A …
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… of child pornography separate from those found on his computer. At Miller’s sentencing hearing, the trial judge … The Attorney General also notes that although nearly 1000 images were stored on Miller’s computer, he had an … at 74-75. As this Court has observed: In State v. Yarbough, 100 N.J. 627, 633 (1985), we recognized that facts that …
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… ambiguous, officers are required to stop the interrogation completely, or to ask only questions narrowly directed to … talk to your uncle, no doubt about it. DEFENDANT: What it comes down to, as far as it goes, I can’t say anything to … N.J. 533, 543 (2014) (quoting State v. P.Z., 152 N.J. 86, 100-02 (1997)). Efforts by a law enforcement officer to …
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… to determine whether the search of defendant’s hotel room comported with the dictates of both the Federal and State … officer radioed Officer Armstrong, requesting that he come to the “security podium” in the casino. There, … the hour-long surveillance video, consisting of more than 100 individual clips, revealed inconsistencies between the …
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… Education (Board), filed an action asserting statutory and common law employment discrimination claims against the … information or a charge regarding a defense that it was compelled by law to present. Defendant’s indictment does not … to a trial.’” Id. at 227 (quoting State v. Del Fino, 100 N.J. 154, 164 (1985); Trap Rock Indus., Inc. v. Kohl, 59 …
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… to convict a defendant even when bias did not motivate the commission of the offense. Defendant David Pomianek, Jr., … 2C:35-7(a), which penalizes drug distribution within 1000 feet of a school zone, even when the defendant is … enhancing criminal penalties for drug distribution within 1000 feet of a school-zone, where the boundary of a school …
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… supra, 195 N.J. at 173-74. Additionally, widely-read commentary existing at the time of defendant’s appeal warned … that, had the jury been properly instructed, the outcome of the trial would have been different. Since the trial … generally not in dispute. Those events, as described, are a composite of the trial testimonies of three witnesses, one …
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… but invited further discussion about “more reasonable compensation in an amount which would satisfy all liens and … its desire to meet with the Borough to discuss reasonable compensation for the Property. On December 5, 2011, the … 433 (quoting F.M.C. Stores Co. v. Borough of Morris Plains, 100 N.J. 418, 426 (1985)). We granted LB’s petition for …
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… permits intercepting and monitoring out-of-state communications in New Jersey. The jury found defendant … that they planned to drive to New Jersey. They drove almost 1000 miles before returning the car on August 18. On August … address in Eastern District), cert. denied, 552 U.S. 1009, 128 S. Ct. 531, 169 L. Ed. 2d 371 (2007); United …
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… may not have been summarized). In the Matter of Civil Commitment of D.Y. (A-42-12) (071464) Argued November 19, … 591 (App. Div.) (quoting United States v. Bertoli, 994 F.2d 1002, 1018-19 (3d Cir. 1993)), certif. denied, 156 N.J. 383 … first into the statutory question.” 448 U.S. 297, 306-07, 100 S. Ct. 2671, 2683, 65 L. Ed. 2d 784, 798 (1980). …
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… as they ran into a nearby yard. Outside of a home in the community where defendant allegedly lived, Pennsville … in an effort to persuade either defendant or Marcus to come outside. Once Marcus left the home, he was placed in … overruled by United States v. Salvucci, 448 U.S. 83, 100 S. Ct. 2547, 65 L. Ed. 2d 619 (1980). Under the …
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… that the estate tax losses alleged by plaintiffs would not compel the factfinder to engage in speculation. It held that … the defendant’s liability for wrongful death, they may be compensated for the economic contributions of which they … of expert testimony. See Dehanes v. Rothman, 158 N.J. 90, 100 (1999) (finding that in wrongful death case, “there is …
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… At about 3:20 a.m. on November 24, 2007, Officer Wayne Comegno observed, momentarily, defendant David Gibson leaning against an upraised porch on the Omega Community Center’s private property. In a window looking out … Amendment. United States v. Mendenhall, 446 U.S. 544, 554, 100 S. Ct. 1870, 1877, 64 L. Ed. 2d 497, 509 (1980). An …
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… expert concluded that defendants’ inspectors had properly complied with NFPA 25, which did not require them to … care, a standard that requires precautions beyond compliance with NFPA 25. He concluded that defendants’ … proof,” Overby v. Union Laundry Co., 28 N.J. Super. 100, 104 (App. Div. 1953), aff’d o.b., 14 N.J. 526 (1954). …